REGINA v HICKEY [2003] NSWCCA 344

REGINA v HICKEY [2003] NSWCCA 344

The sentences on Counts 2 and 3 were manifestly and appellably inadequate given the gravity of the offences, the concurrent nature of sentences, aggravating circumstances including previous convictions and offences committed while on bond. The Court allowed the appeal, set aside the sentences on Counts 2 and 3, and...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 November 2003
Procedural Posture
Criminal Appeal / Judgment on Crown Appeal Against Sentence
Outcome
Appeal allowed
Legal Topics
['sentencing' 'appeal' 'break, Enter and Steal' 'escape From Lawful Custody']
['criminal Law'] ['sentencing' 'appeal' 'break, Enter and Steal' 'escape From Lawful Custody']

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Procedural Posture

Criminal Appeal / Judgment on Crown Appeal Against Sentence

Legal Issues

  1. 1 ['Whether the sentences imposed on Counts 2 and 3 were manifestly inadequate' 'Appropriate sentencing for multiple offences including aggravating factors']

Ratio Decidendi

The sentences on Counts 2 and 3 were manifestly and appellably inadequate given the gravity of the offences, the concurrent nature of sentences, aggravating circumstances including previous convictions and offences committed while on bond. The Court allowed the appeal, set aside the sentences on Counts 2 and 3, and imposed new sentences to ensure appropriate custodial and non-parole periods.

Court Disposition

Appeal allowed

Orders

  • ['The Court sets aside the sentences on Counts 2 and 3.' 'Re-sentences the prisoner to imprisonment for two years to commence on 25 November 2003 and expire on 24 November 2005.' 'Non-parole period of six months to commence on 25 November 2003 and expire on 24 May 2004.']